CCTV can help protect a person’s property. However there are some rules that owners should follow.
Where possible owners should position their cameras to only capture their own property. However, if this isn’t possible and the CCTV captures someone else’s property, a public area or communal space, then data protection law applies. This is because CCTV can capture images and voices of other people, and this counts as their personal information.
What should I do if I am concerned about a CCTV camera or I’m unhappy about being recorded?
In most cases, you should start by talking or writing to the CCTV owner:
- Explain your concerns – the CCTV owner may not understand why you’re worried about being recorded. If you explain your reasons, they may reposition the cameras.
- Ask why they’re using CCTV – people usually install CCTV to monitor and protect personal property. It can make the person and their family feel safe. If you understand why they’re recording, it may put your mind at ease.
- Ask if they are using filters or privacy blockers – the CCTV owner might be using filters or privacy blockers to reduce the intrusion to your privacy. This could mean that public spaces and other people’s property might be blurred out of the image.
- Ask to see what they’re recording – the footage captured by the camera may not be as intrusive as you think. Seeing an example of what the camera records may make you feel less concerned.
- Explain what you hope to achieve – if you want to achieve something specific, then politely explain your expectations to the CCTV owner. They might agree or work with you to find a middle ground.
If you feel unable to speak to the owner of the camera, you can use the template letter below to help you explain your concerns to the CCTV owner.
[Your contact details]
[The date]
[Name and address of the CCTV owner]
Dear [Sir or Madam / name of the person you have been in contact with]
I’m concerned that your CCTV camera may be recording me [and my family/friends] in a way that means data protection rules apply.
Data protection law and CCTV
If CCTV records beyond your property boundary, data protection law applies and there are rules you must follow. You must:
- consider what area needs to be covered and what images or audio, or both, will be captured – you shouldn’t capture more than you need to;
- install signage that indicates CCTV is in operation;
- ensure the footage recorded is stored securely and is only accessible by people who need to access it;
- delete the footage regularly or automatically, or both; and
- be able to respond appropriately to a request for the footage from people who appear in it.
The ICO’s guidance says you should try to point your CCTV cameras away from someone else’s property, a public area or communal space, where possible. You should also consider how intrusive the recording is, and where possible, apply filters or privacy blockers to blur or block out part of the footage.
Data protection complaint and request
[Give details of your complaint, explaining clearly and simply what has happened and, where appropriate, the effect it’s had on you.]
I would like to know if you’re filming beyond your boundary and to consider my data protection rights. I’d like to understand the following [choose the questions which apply to your situation]:
- Why you’re using CCTV?
- Are you recording [my property / a public area / a communal space]?
- Are you using any filters or privacy blockers?
- Can you reposition the camera to ensure you aren’t recording [my property / a public area / a communal space]?
[I’d also like to request a copy of footage where I can be seen or heard.]
It may be helpful for you to know that data protection law usually requires a CCTV owner to respond to a request for personal information within one calendar month. If you can’t respond to me within this timescale, please tell me when you’ll be able to provide a response.
If I’m unhappy with your response, I may report my complaint to the Information Commissioner’s Office (ICO).
You can find more information about the home CCTV rules on the ICO’s website.
If you need advice on dealing with a request for personal information, or using home CCTV, the ICO can assist you. You can visit their website www.ico.org.uk or contact them on 0303 123 1113.
Yours faithfully/sincerely
[Signature]